An empirical study of the attributability of the represented person in apparent agency
DOI:
https://doi.org/10.54097/ehss.v14i.8916Keywords:
Apparent agency, The attributability, Empirical studyAbstract
The system of apparent agency should take into account the interests of the represented person while maintaining the security of the transaction. It is an important criterion for the determination of the appearance of rights, the reliance of the relator and the rationality, which is applied in judicial practice and can be combined with other elements to regulate the determination of the apparent agency. The criterion of attributability of the represented person can be divided into the following: the represented person knows but does not act, negligent management of internal personnel and official seal, failure to properly manage important information, and failure to actively inform the counterparty of important information. China still needs to clearly stipulate the elements of attributability for the represented person, so as to better protect the interests of different subjects under the apparent agency system.
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